Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-07-08
INTERSTATE COMMERCE.
Letters of Senator jam 90 f. wilson Of Iowa
TO the Fairfield Ledger.
LETTER 10. I.
FAIEE- EIn- -

LETTER No. /.
FAIRFIELD, Iowa, Apru i, I,,7.
Editors Ledger: In response to your
inquiry relative to ny opinion Of the
action OF the inter-stste commerce com
mission suspending the operation Of the
long aUd short haul clause Of the inter
state CEN mcTce law in certain eases,
give you the following IS ny answer
TIE action CT the commission was had
under the 4Lh section Of the lew, which Is
as follows:
Sec. 4 mat it shs;. be unlawful forany
common carrier subject to the provisions
of this ct to charge or receive any
greater compensation in the aggregate for
the transportation u passengers or Of
like kind q property, under substantially
similar circumstances and conditions, for
. shorter thsn for longer distance over
the same line, in the same direction, the
shorter being Including within the longer
distance; but tbs MAJ not be cOnstrU5 q
as authorizing shy common carr o. with
in the terms of this act 10 Charge ana re-
Ceive as great compensation for u shorter
as for 9 longer distance: provided, how
ever, tIat upon; application to the con-
miss on appointed under the provisions
Of this eCt, such common carrier msv, in
special cases, sitter Investigation By tn
commission, be authorized TO Charge less
for longer than for 81 Jrter distances for
the transportation Of passengers or prop
erty; and tire commission may from time
to time prescribe the extent to which
such designated common carrier may be
relieved from the operation q this
section of this act,
The representatives Of certain railroad
companies IL the south applied 10 the
commission and asked TO have their roads
excepted from the operation of the pro-
vision Of this section, which declares
That it shsli be UniSwiuI for any com
mon carrier subject to tle provisions of
this act to charge or receive any greateI
compensation IN the aggregate torgffe
transportation Of passengers or Of ike
kind Of property, under substantially
similar circumstances and conditions for
g shorter than for a longer distance over
the same line, in the same direction, the
shorter being included within the longer
distance.
The commission entertained the aDpIi-
cation, basing its action on the prOviso
contained in the section, and Whicl reads
as follows;
Provided, however, that upon appli-
the provisions Of this act, such common
carrier may, in spCrjI roSCS, gtter iHtesti-
cation by the commission, be authorized
to charge less for longer than for shorter
distances for the transportation OF pas
seDgers or property.
What may the commission do with the
power granted TO it ay this proviso to
section +? Why, in special cases, after
~ n Il. ann 20 ria7- -
charge less for longer than for & shorter
distance. What did the commission do
in the matter of application Of the south |
ern railroads? 1t made an order sus-
pending the socalled long and short haul !
clause Of the said section above quoted |
for ninety days peRdiHy the investigation, |
and not after as the law provides II not |
only did this, but it wholly ignored the |
limitation imposed by the phrase "tn |
special cases, "snd applied it's suspension |
of the clause mentioned TO the entire /
business of the several companies making |
the application for exemption, and this, |
too, without pretense of being informed |
whether or not with regard to the greater |
mass OF the business CT said several com !
panies any showing whatever could be /
made tending to Justify its exemption |
from the operation of the provision CT the !
law in question. This is 8 gross mis- |
conception Of the power given to the |
commission to provide relief in "Spccio1 |
CASES, 0ttu' iarc>ti90ti1u" II punches |
the entire business Of a group of rail- !
roads into gaHera5 case, and exenpts il |
from the operation of the law pending |
investigation. This, in my opinion, IL !
had no lawful power to 90. The inter
state commerce act is public law. II
to be the rule Of action TO be observed bY !
sill common carriers within its terms,
until such carriers, each for Itself, can
make it appear after investigation that in !
the SpcciGL cases involved relief should De
granted. The action Of the commission
reverSes this rule Of the law. Il suspends
the Law pending investigation and eX-
tends the relief to the general business Of
g group Of companies instead OF con-
fang It TO special cases which each for
itself might present. In the entire pro
ceeding the commission has made mis-
take which it cannot too soon reCtify.
The country will not accept and applaud
this action.
AS to other questions suggested, may
say more hereafter. Yours truly,
JAMES 4. WILSON,
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